Medallion Corporation v Hickey: Tenant Eviction for Assault, Hamilton, ON
Serious Assault Leads to Tenant Eviction: Medallion Corporation v Hickey
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 195 Wellington St S, Hamilton, ON L8N2R7
Decision in favor of
landlord
Balance Owed to Landlord
$186
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2022
Order Date
Sep 23, 2022
Tenancy End Date
Oct 2022
Dispute Summary
Landlord applied to terminate tenancy and evict Tenant due to illegal act, safety impairment, and substantial interference. The application was based on an incident where the Tenant allegedly assaulted the superintendent, causing serious injuries.
Determinations
- Landlord proved grounds for termination
- Landlord served valid N5, N6, and N7 Notices
- Tenant committed illegal act of assault
- Tenant seriously impaired safety of another person
- Tenant substantially interfered with reasonable enjoyment
- Tenant was in possession on application date
Case Study
The Landlord's case was stronger due to consistent testimonies from multiple witnesses and corroborating evidence. The Tenant's testimony was found to be inconsistent and contradictory. To avoid eviction, the Tenant would need to provide more credible evidence and consistent testimony.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant's actions constituted an illegal act, safety impairment, and substantial interference with reasonable enjoyment.
Actions
Landlord provided consistent testimonies from multiple witnesses and corroborating evidence.
Tenant
Arguments
Tenant denied all allegations and claimed the superintendent initiated the altercation.
Actions
Tenant allegedly verbally and physically assaulted the 67-year-old superintendent who was suffering from cancer, causing serious injuries.
Aggravating Factors
Physical assault on the superintendent, causing serious injuries including broken ribs and a punctured lung.
Decision Summary
The tenancy is terminated due to the Tenant's illegal act, safety impairment, and substantial interference. The Tenant must vacate the unit by October 13, 2022, and pay $186.00 for the Landlord's application filing cost. Eviction may be enforced starting October 14, 2022, if the unit is not vacated.
Adjudicator Details
LTB Member
Total Orders
228
Landlord Favorable
79.8%
Tenant Favorable
12.7%
Mutual Agreement
7.5%
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Financial Details
Application Fee
$186
Total Owing
$186 (Owed to Landlord)
Source
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